Sublease as binding as a lease when tenants want out / Couple desperate to get away from a bad situation

Robert Griswold

Published 4:00 am, Sunday, March 4, 2007

Q: I live with my boyfriend in a loft apartment where we have signed a two-year lease that is actually a sublease. The original tenant has a long-term lease with the landlord but moved when he bought a house eight months ago.

The building is not secure, and the building management is not doing much to keep the building safe or in good repair. The area seems to be becoming more dangerous so we want to move out. How binding is our sublease? What rights do we have? If we break the lease does the guy we are subletting from have any legal right to keep the deposit we gave him? Please let me know. I feel frustrated and stuck in a bad situation.

Property manager Robert Griswold replies: Your sublease is just as binding as the master lease because legally there is no real difference in the duties of your "sublandlord" (the master lease holder) than if you had a lease directly with the actual owner of the building.

The only exception is that the actual lease and sublease documents may contain different rental rates or clauses but generally speaking they should be the same for most of the basic terms.

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Just as if you had a lease with the actual owner of the property, you would have the burden of proof if you were to break the sublease claiming the issues you present in your question. You should put your sub-landlord on notice of your concerns about the building and the area so that if it becomes worse or you do need to move you have at least put him on notice.

Yes, your sublandlord does have the right to keep your security deposit if you breach the lease, but also has to return or account for the security deposit within 21 days as required under California law.

Q: My wife and I moved out of our apartment in a 500-unit apartment complex at the end of September. Before we left, we scrubbed the apartment from top to bottom, leaving it cleaner than it was when we moved in. Nevertheless, management has refused to return our $125 cleaning deposit. I have made numerous calls about this to the manager but she won't take my calls. What can I do to get my cleaning deposit back?

Griswold replies: This is a common question we receive from tenants and can be very frustrating. Regardless that the management company refers to your deposit as a "cleaning deposit," California law considers all such funds held by the owner or property management company to be a security deposit and subject to the requirements of California Civil Code section 1950.5.

I would encourage you to put your complaint in writing by sending a demand letter to the property manager along with a copy to the legal owner of the property. If the management will not voluntarily disclose the actual owner and their address, then you can usually find this information through the county recorder or local municipal government or tax collector.

Outline your position and give them 10 business days to return the balance of the security deposit or provide a written explanation backing up their justification for the charges. If you do not get a favorable response, then go see your favorite small claims court judge.